|ID: 402 ||Title: Florida Anchoring Restriction Protest Arises - Support It ! ||Replies: 3 ||Read: 763 ||Author: 4 |
|Name: JD Posts: 1 Vancouver Time: 2007-1-19_12:7:24||
These men are taking a STAND for YOUR rights to anchor !! We must support their efforts, by spreading this word to Boat US, SSCA, OnWatch, and other large boating right groups. We need LOTS of media attention to their efforts. Hopefully some maritime attorney will assist them in the legal area. This subject has been brought up numerous times, but there are too many arm chair boaters that feel it doesnt PRESENTLY affect them,....well it WILL. Now is the time for us to put large boat lobby groups to work to sustain our effort toward the "right to anchor". What else can we do to support these guys efforts ? suggestions?, ideas? CaptHunter
Boat anchored off Marco to challenge ordinance
Dave Dumas has anchored the boat in the hopes of receiving a citation to fight the Marco law in court
By Liam Dillon
Thursday, January 18, 2007
Police and the owner of a boat intentionally in violation of a nine-month-old Marco Island ordinance bided their time Wednesday, leaving a resolution to the matter unclear.
Late in the afternoon, the Marco Island Police Department issued a written warning to Dave Dumas, 64, owner of a 42-foot cruising trawler named Kinship anchored in Smokehouse Bay near the Esplanade. Dumas’ boat broke city law by being anchored less than 300 feet from land for more than 12 hours, starting at 2 p.m. Tuesday. Dumas has claimed the Marco ordinance violates state statutes on boating navigation.
He has anchored the boat in the hopes of receiving a citation to fight the Marco law in court.
Lee Oldershaw, 69, another Marco resident who is spending time on the boat, said the boaters haven’t formulated their plans after receiving the warning. They will, he said, leave the boat on the water until at least this morning.
Police Chief Roger Reinke hoped that the residents would remove the boat, but said he hadn’t decided when further police activity would occur.
“Again, we hope (Dumas) complies with the ordinance,” Reinke said.
Dumas’ move is the latest in a more than two-year struggle between boaters and bayfront homeowners on the island, and one that may now spill over to the state.
In May, after intense lobbying by a citizens group, the Marco Island City Council passed an ordinance restricting anchoring and stays for visiting boaters. Boaters cried foul then, and the howls became louder after the state tightened up language regulating local anchoring restrictions in July.
Up to Wednesday, Reinke said, no boats had been cited for violating the law.
The state under the authority of regulatory organizations like the Florida Fish and Wildlife Commission (FWC) does not allow local governments to restrict non-live-aboard boats in navigation.
The dispute centers on what qualifies as “in navigation,” now defined in state statutes.
An October study written by the University of Florida’s Center For Governmental Responsibility said the lack of a definition for navigation leaves the validity of local anchoring restrictions “questionable.”
Reinke pointed to that study Tuesday in defending Marco’s law. The ordinance has defined navigation as “a vessel moored or anchored for an extended period of time, for reason other than emergency, repair, weather or rest.”
That meaning might be too restrictive, according to Capt. Alan Richard, assistant general counsel for the FWC.
Richard cited case law that has shown even in a “Jonah inside the whale” or “three men in a tub”-type of situation, such a vessel would still be considered “in navigation.” He declined to address the Marco situation directly, but favored a broader interpretation of navigation.
“Courts have been defending this definition of navigation for 700 years,” he said. “It goes back to capacity. If a vessel has the real life capacity to be in navigation, then it’s in navigation ... You can draw your own conclusions as to whether (Dumas’ boat) would qualify.”
Dumas, Oldershaw and other supporters hosted a parade of reporters on the boat during the day. At noon, Marco police approached them for the first time to issue a verbal warning. The 4:30 p.m. written warning sent Oldershaw back to land for dinner and to discuss his options.
Under the cloudless sky at midevening, Kinship rocked back and forth in the bay, anchor light ablaze, awaiting its fate.
|Name: Geoff Schultz Posts: 36 ** Vancouver Time: 2007-1-23_10:44:9||
|Excuse me for saying this, but this sure sounds like a half-assed approach. Let me quote from
the base note: "Lee Oldershaw, 69, another Marco resident who is spending time on the boat,
said the boaters haven’t formulated their plans after receiving the warning." Why on earth didn't
they have a plan in place beforehand? They should have had their legal strategy mapped out prior
to doing this. This is going to take lawyers and money.
Posting a note stating that we need to support them is a fine idea. However, there's nothing in
the note about how to support them. I can sit here in front of my computer and chear them on, but
unless there's concrete suggestions as how to do this, nothing will come of it.
Getting the media out there is great, but if they lose, then they'll look like fools. You only get
media attention so many times. This looks like a squandered opportunity.
|Name: Eugene Kashpureff Posts: 11 Vancouver Time: 2007-1-25_18:39:48||
|I'd appreciate it if anyone who knows could post more on the restrictions that are being passed around Florida regarding anchorages.
I've enjoyed spending extended time in the anchorages in Sarasota Bay, as well as off of Key West. These were both vibrant communities
of folks living aboard, and I'd hate to see them pass. Rumor here in Texas is that anchorages in Florida are being outlawed state wide,
but I've found the rumors hard to believe.
Any real information would be helpful.
|Name: B Storm Posts: 1 ** Vancouver Time: 2007-2-5_13:57:45||
|I have been following the "Florida" problem with interest for the last year or so and have a
suggestion as to how to get some attention. This may sound foolish and unattainable but it seems to
me that a boycott of the larger Boat Shows down in south Florida may get some attention. I'm sure
that Miami gets quite a pop from all of us "boaters" that come down and spend our money in their
restaurants and hotels! Just my .02!